The retrospective application of administrative guidelines to recruitment processes initiated prior to those guidelines' issuance is unlawful and violates principles of natural justice.

JUDGMENT :

ROBIN PHUKAN, J.

Heard Mr. B. Purkayastha, learned counsel for the petitioners.Also heard Mr. B. Kaushik, learned Standing Counsel for the Elementary Education Department, being respondent Nos.1 - 3, Mr. A. Chaliha, learned Standing Counsel for Finance department, being respondent No. 4.

2. In this petition, under Article 226 of the Constitution of India, the petitioners have challenged the communication, dated 18.12.2023 (Annexure-11), issued by the respondent No.1, and also for issuing direction to the State respondents, more particularly to the respondent No.2, to issue appointment orders in favour of the selected candidates, including the petitioners, as per the select list and recommendations of State Level Selection Committee, dated 07.03.2019 (Annexure-8A & 8B) published by the Director of Elementary Education (DEE hereinafter), Assam in compliance of the common order dated 12.07.2018, passed by this Court in WP(C)No.7663 of 2016.

Background Facts:-

3. The background facts, leading to filing of the present petition, is briefly stated as under:-

With a view to fill up 504 numbers of vacancies in Grade - IV, in different Government provincialised upper primary schools in about 18 districts of Assam, that have arisen due to retirement or death of the incumbents, since the year 2000, the Director of Elementary Education, Assam vide communication No. EAA.60.2005/17, dated 16.12.2005, has issued a common direction to all the District Elementary Education Officer (DEEO hereinafter)s of the State of Assam for issuing school wise advertisement, for filling up the posts of Grade-IV employees of the Elementary Schools.

In accordance with the above instruction, the respective DEEOs of different districts had issued advertisements within their districts inviting applications from the intending candidates to fill up those posts. After having received the applications pursuant to the above advertisements, the respective DEEOs, including the DEEO, Cachar had fixed the dates of interview of the candidates for different schools under them and accordingly, they informed the respective Member Secretaries/ Headmasters/ Headmistresses of those schools and requested them to issue call letters to the respective candidates pertaining to the vacant posts of their respective schools. Accordingly, the call letters were issued to the candidates and the interviews were held by the competent authorities on various dates in the year 2006.

The petitioners herein were selected against the vacancies of their respective schools. All the petitioners appeared in the above interviews held under the respective schools as stated above and they were all selected in the above interviews for being appointed as Grade-IV employees against the vacancies in the respective schools.

Earlier some selected candidates, including the petitioners of Cachar district had approached this Court by filing a writ petition, being WP(C) No.6413 of 2011, with a prayer for a direction to the respondent authorities to appoint them. Said writ petition was disposed of by this Court vide order dated 20.12.2011, with liberty to the respondents to take decision regarding the appointment of Grade IV employees of the C